Ellisons Solicitors represented a claimant who suffered a severe ankle injury following an accident which occurred whilst she was using a slide at one of London’s largest parks. Ellisons were able to help her recover a six-figure sum in compensation.
Our client was injured whilst going down one of the biggest playground slides in London. Our client had gone down the slide but, as she landed at the bottom of the slide, her feet got caught in a pit, which was not apparent from the top of the slide. As result of this, the claimant suffered severe injuries to her ankle.
Ellisons submitted a claim to the local Borough Council on the basis that it had failed to comply with the relevant health and safety standards in failing to ensure that the run-off/landing area at the foot of the slide was made of safe and durable material and kept level at all times. By allowing a muddy pit to form over time at the bottom of this slide, the council had allowed a hazard to form thereby creating a foreseeable risk of injury.
Whilst the Council did admit liability early on, it tried to allege that the Claimant was partly at fault for (a) using the slide after it had been raining (in England!) and (b) not inspecting and checking the landing area before climbing up to the top of the slide and descending.
This meant that, as part of the court proceedings, a staunch Reply to Defence had to be served on the Defendant challenging the allegations of negligence made against our client.
As a result of this accident, the Claimant suffered a fracture dislocation to her right ankle affecting multiple bones. This injury impacted our client’s personal and professional life. She worked two jobs and both involved her having to put pressure/weight on her ankle for long periods of time. As a result, our client had to change the way in which she worked and has been restricted in her leisure activities. Our client suffered from a loss of confidence and independence. This was a complex injury which required the opinion of three medical experts, ensuring that a clear picture as to prognosis and future surgical and equipment needs was obtained, to inform an accurate settlement.
Stevan Stratton, Head of Personal Injury, Partner and Solicitor, at Ellisons’ Injury Services team said:
“I am so pleased that we were able to settle this client’s claim relatively early on in the litigation. Whilst the Defendant Council was not willing to make any sensible offers before litigation, once we were able to negotiate with the Council’s legal team following service of proceedings, sensible settlement discussions did then take place, resulting in a final settlement sum that was significantly higher than the Defendant’s original offer”.
The Ellisons’ Claimant Injury Services team is available to guide you through the process of reviewing your claim, securing private medical treatment and rehabilitation wherever needed and to recover the compensation you are entitled to.
